STATE TROOPERS FRATERNAL ASSOCIATION v. STATE


119 N.J. Super. 375 (1972)

291 A.2d 840

STATE TROOPERS FRATERNAL ASSOCIATION, INC., A CORPORATION OF THE STATE OF NEW JERSEY, STANLEY HETMAN, ROBERT BABIAK, AND THOMAS ISKRZYCKI, PLAINTIFFS-APPELLANTS, v. STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF STATE POLICE AND STATE OF NEW JERSEY, DEPARTMENT OF CIVIL SERVICE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 7, 1972.


Attorney(s) appearing for the Case

Mr. Frank J. Miele argued the cause for appellants, (Riker, Danzig, Scherer & Brown, attorneys; Gerald A. Liloia, of counsel; William C. Dodd, on the brief).

Mr. Theodore A. Winard, Deputy Attorney General, argued the cause for respondents (Mr. George F. Kugler, Jr., Attorney General, attorney).

Before Judges LABRECQUE, KOLOVSKY and ALLCORN.


PER CURIAM.

We concur in the finding and determination of the trial judge that the members of the State Police are excluded from the classified service, substantially for the reasons set forth in the opinion of Judge Seidman.

On this appeal, the plaintiffs also argue the constitutional issue of improper delegation of legislative authority. Although this issue was not raised below and, consequently, there is...

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